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Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010
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Administered by
Department of Health and Aged Care
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C2024C00623 (C08)
14 October 2024
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Chapter 1—Introduction
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Part 1—Preliminary
Division 1—Preliminary
1 Short title
2 Commencement
Division 2—Objects and Guide
3 Objects of this Act and the Midwife Professional Indemnity (Run off Cover Support Payment) Act 2010
4 Guide to this Act
Division 3—Definitions
5 Definitions
Division 4—Other general matters
6 External Territories
7 Rules may set termination dates
Chapter 2—Midwife Professional Indemnity Commonwealth Contributions
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Part 1—Guide to this Chapter
8 Guide to this Chapter
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Part 2—Level 1 and Level 2 Commonwealth contributions
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Division 1—Preliminary
9 Guide to the Level 1 and Level 2 Commonwealth contribution provisions
10 Level 1 and Level 2 claim thresholds
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Division 2—Certification
11 When may the Chief Executive Medicare certify a claim as a qualifying claim?
12 Application for a qualifying claim certificate
13 Time by which an application must be decided
14 Obligation to notify the Chief Executive Medicare if information is incorrect or incomplete
15 Revocation and variation of qualifying claim certificates
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Division 3—Payability
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Subdivision A—Level 1 payability
16 When is a Level 1 Commonwealth contribution payable?
17 Amount of Level 1 Commonwealth contribution
Subdivision B—Level 2 payability
18 When is a Level 2 Commonwealth contribution payable?
19 Qualifying liabilities
20 Interaction with Level 1 Commonwealth contribution and run off cover
21 Amount of Level 2 Commonwealth contribution
22 How Level 2 Commonwealth contribution is to be applied
23 Who is liable to repay an overpayment of Level 2 Commonwealth contribution?
Subdivision C—Payments that would have reduced the amount paid out under the contract of insurance
24 Amounts paid before payment of Level 2 Commonwealth contribution
25 Amounts paid after payment of Level 2 Commonwealth contribution
26 Obligation to notify the Chief Executive Medicare that amount has been paid
27 The Chief Executive Medicare to notify of amount of debt due
28 Penalty imposed if an amount is repaid late
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Part 3—Run off cover Commonwealth contributions
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Division 1—Introduction
29 Guide to run off cover Commonwealth contributions
31 Eligible run off claims
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Division 2—Run off cover Commonwealth contributions
32 Circumstances in which run off cover Commonwealth contributions are payable
33 Clarification of circumstances in which run off cover Commonwealth contributions are payable
34 Exceptions
35 Amount of run off cover Commonwealth contribution
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Division 3—Payments that would have reduced the amount of run off cover Commonwealth contribution
36 Amounts paid before payment of run off cover Commonwealth contribution
37 Amounts paid after payment of run off cover Commonwealth contribution
38 Obligation to notify the Chief Executive Medicare that amount has been paid
39 The Chief Executive Medicare to notify of amount of debt due
40 Penalty imposed if an amount is repaid late
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Division 4—Effect of setting a run off cover termination date
41 Commonwealth’s obligations if a run off cover termination date is set
42 Affected eligible midwife
43 Payments in relation to affected eligible midwife
44 Total run off cover credits
45 Eligible insurers must provide information attributing run off cover support payments
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Division 5—Miscellaneous
46 Chief Executive Medicare must be notified of a person ceasing to be covered by the midwife run off cover provisions
47 Invoices for midwife professional indemnity cover
48 Reports on run off cover Commonwealth provisions
49 Modifications and exclusions
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Part 4—Administration of provisions relating to Commonwealth contributions
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Division 1—Guide
50 Guide to this Part
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Division 2—Apportionment certificates
51 When may the Chief Executive Medicare issue an apportionment certificate in relation to a claim?
52 Chief Executive Medicare must not issue an apportionment certificate in certain situations relating to court judgments or orders
53 Applications for apportionment certificates
54 Time by which an application must be decided
55 Obligation to notify the Chief Executive Medicare if information is incorrect or incomplete
56 Revocation and variation of apportionment certificates
57 ART review of decision to issue, revoke or vary
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Division 3—Applications for, and payment of, Commonwealth contribution
58 Application for Level 1 Commonwealth contribution or a Commonwealth run off cover contribution
59 Payment date for Level 1 Commonwealth contribution or a run off cover Commonwealth contribution
60 Application for Level 2 Commonwealth contribution
61 Payment date for Level 2 Commonwealth contribution
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Division 4—Information gathering and record keeping
62 Chief Executive Medicare may request information
63 Main record keeping obligations
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Division 5—Overpayments of the contributions
64 Recovery of overpayments
65 Chief Executive Medicare may collect money from a person who owes money to a person
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Division 6—Offences
66 Failing to give information
67 Failing to notify
68 Failing to keep and retain records
69 Failing to include required information in invoices
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Division 7—Finance
70 Appropriation
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Division 8—Reinsurance contracts
71 Commonwealth contributions disregarded for purposes of reinsurance contracts
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Division 9—Monitoring
71A Insurers may be required to provide information
Chapter 3—Run off cover support payments
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Part 1—Introduction
72 Guide to this Chapter
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Part 2—Payment of run off cover support payment
73 Who is liable to pay the run off cover support payment?
74 Exemptions
75 When run off cover support payment must be paid
76 Late payment penalty
77 Method of paying certain amounts
78 Refund of overpaid amounts
79 Recovery of payment debt
80 Chief Executive Medicare may collect money from a person who owes money to a person
81 Evidentiary certificates
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Part 3—Information gathering provisions
82 Chief Executive Medicare may request information
83 Chief Executive Medicare must be notified of a change in circumstances etc.
84 Failing to give information
85 Failing to notify
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Chapter 4—Miscellaneous
86 General administration of this Act and Midwife Professional Indemnity (Run off Cover Support Payment) Act 2010
87 Additional functions of the Chief Executive Medicare
87A Chief Executive Medicare may use computer programs to take administrative action
87B Delegation by Secretary
88 Officers to observe secrecy
89 Act not to apply in relation to State insurance within a State
90 Minister may make Rules
91 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history